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Journal for Nature Conservation 22 (2014) 93–102

Contents lists available at ScienceDirect

Journal for Nature Conservation


journal homepage: www.elsevier.de/jnc

Emerging multilevel environmental governance – A case of public


participation in Poland
Joanna Cent a,b,∗ , Małgorzata Grodzińska-Jurczak a , Agata Pietrzyk-Kaszyńska a
a
Institute of Environmental Sciences, Jagiellonian University, Gronostajowa 7, 30-387 Kraków, Poland
b
Institute of Sociology, Jagiellonian University, Grodzka 52, 31-044 Kraków, Poland

a r t i c l e i n f o a b s t r a c t

Article history: In recent decades, nature conservation policies have increasingly considered the participation of various
Received 27 March 2013 actors. However, the effectiveness of such efforts is often questionable, and better methods of engag-
Received in revised form ing stakeholders are still being sought. In this paper, we present an analysis of a consultation program
17 September 2013
conducted in the final stage of site selection for Natura 2000 in Małopolska, a region located in south-
Accepted 17 September 2013
ern Poland. Based on a desk study and qualitative research, we analysed the modes and degrees of
participation, the normative foundations of the consultation program, and the goals and expectations
Keywords:
that characterise participants. The results are discussed using Unnestall’s and Arnstein’s typologies of
Central and Eastern Europe
Multilevel governance
participation, which show the limited success of the participatory process in representing all relevant
Natura 2000 stakeholders and enabling their actual influence on final decisions. The importance of implementing
Poland the EU directives for emerging multilevel governance in the nature conservation sector in Central and
Public participation Eastern Europe, including Poland, is highlighted. In the context of Poland, the consultation program ana-
lysed appeared to be a novel and innovative step forward towards the development of a meaningful
participatory approach in this region of Europe.
© 2013 Elsevier GmbH. All rights reserved.

Introduction as equally important, in practice, some of them have privileged pos-


itions that secure greater consideration of their interests by means
The increasingly frequent conflicts at the interface between of law, informal practices or personal connections (A’gh 2001;
man and nature and the resulting need to prevent or manage Apostolopoulou & Pantis 2011). Consequently, nature conserva-
them have forced significant changes in the governance of natu- tion includes both formal administrative activities and informal
ral resources (Dietz et al. 2003; Manfredo & Dayer 2004; Paavola mechanisms and institutions (Jordan 2008).
2009). These changes primarily consist of taking an anthropocen- The development of MLG of nature conservation in the EU-15 –
tric perspective while developing and implementing conservation the Member States of the European Union (EU) prior to the acces-
policies (Rauschmayer et al. 2009). Relatively simple top-down sion of new countries in 2004 – was closely related to the framing
approaches are replaced by complex decision making based on of EU environmental directives dating back to the 1970s and 80s.
the multilevel governance (MLG) concept. MLG refers to both the The process was dependent on the national political context and
delegation of power to lower administration levels and the involve- the historical development of participatory approaches in public
ment of various actors in shaping environmental policy (O’Riordan policy (Rauschmayer et al. 2009; Wurzel 2008). The designation
& Stoll-Kleemann 2002; Paavola et al. 2009). MLG often refers to the of the Natura 2000 (N2000) European Ecological Network, based
concept of stakeholders as potential interest groups that need to on the Birds and Habitats Directives (2009/147/WE, 92/43/EEC),
be considered in decision-making processes (Primmer & Kyllönen was one of the main governance challenges in nature conser-
2006). In the case of natural resource governance, such groups are vation. Although the N2000 directives do not explicitly require
usually categorised based on their rights (e.g., land owners), land involving communities in implementation processes (Unnerstall
use practices (e.g., farmers), roles in the policy process (e.g., sci- 2006), it is highly recommended to organise public participation
entists) or interests in its outcomes (e.g., investors, environmental based on other EU directives (2003/4/EC, 2003/35/EC) and the
groups). Although public programs often present all stakeholders Aarhus Convention (Wesselink et al. 2011). In the majority of the
EU-15 countries, the implementation of N2000 was criticised for
being a top-down approach that insufficiently engaged stakehol-
∗ Corresponding author at: Institute of Environmental Sciences, Jagiellonian Uni- ders (Wurzel 2008), leading to conflicts (Paavola 2004; Young et al.
versity, Gronostajowa 7, 30-387 Kraków, Poland. Tel.: +48 126645204. 2005), legitimacy crises (Engelen et al. 2008) and active opposition
E-mail address: joanna.cent@uj.edu.pl (J. Cent). against the program (Hiedanpää 2002). In many cases, the initial

1617-1381/$ – see front matter © 2013 Elsevier GmbH. All rights reserved.
http://dx.doi.org/10.1016/j.jnc.2013.09.005
94 J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102

top-down implementation failed to designate N2000 sites. The EU illusion of participation and are oriented at changing participants’
Commission took several countries (e.g., Denmark, Finland, France, attitudes by manipulation, therapeutic approaches and informa-
Germany, Greece, Netherlands) to the European Court of Justice, tion; 2) “tokenism”, where power is monopolised by the organisers,
citing delays and failures in the development of the N2000 net- although some level of advice from stakeholders affects decisions
work (Paavola 2004). As a result, participatory approaches were through consultations in order to placate stakeholders; and 3) “citi-
used to handle the legitimacy issues and finally designate the zen power”, which involves the distribution of power among actors
sites (Bogaert & Leroy 2008; Cliquet et al. 2010; Pinton 2008; van and ultimately results in citizen control over a program. To apply
der Windt 2008). The eventual inclusion of public participation in the ladder concept, the identification of the organisers’ and partic-
the N2000 designation processes varied widely among the EU-15 ipants’ objectives and expectations toward the program was found
countries but was hardly ever applied from the beginning of the useful (Reed 2008).
process and still remains a challenge (Alphandéry & Fortier 2001; The two classifications highlight different aspects of participa-
Apostolopoulou & Pantis 2011; Beunen & de Vries 2011; Keulartz tion, and their parallel application leads to conclusions of different
2009; McCauley 2008; O’Riordan et al. 2002). The introduction of scopes. Arnstein’s ladder of participation classifies practices as
participatory approaches is often discussed in the framework of being “more” or “less” participatory based on the degree of par-
governance shift from top-down to multilevel (Engelen et al. 2008), ticipants’ influence on final decisions. These characteristics are
while at the same time, it is criticised for leaving a gap between the generally applicable to any participatory activity. Unnerstall’s clas-
rhetoric of participation and everyday practice (Rauschmayer et al. sification considers different institutionalisations of participation,
2009). which do not necessarily determine degrees of participation; in this
In Central and Eastern Europe (CEE), the development of public framework, all modes of participation have limitations and can be
participation and MLG with respect to nature is often considered executed very differently, depending on certain political and social
as more demanding because the heritage of the communist system contexts (Unnerstall 2008). The three modes were developed based
is characterised as being highly centralised, having rather inef- on case studies in N2000 implementation and management, there-
fective public institutions for environmental conservation (Bruszt fore, they can be applied to analyse the nuances of participation for
2008; Kluvánková-Oravská et al. 2009; Scrieciu & Stringer 2008) the specific context of the EU Directives.
and, a lack of tradition for the participation of public and non- Even if no conclusive scientific evidence is available (Haruţa &
governmental organisations (NGOs) (Bell et al. 2011; Tickle & Clark Radu 2010; Newig & Fritsch 2009), there is some evidence that
2000). Institutional incompatibility with environmental problems stakeholders’ involvement can, to some extent, improve the effec-
is manifested by increasingly frequent conflicts at the inter- tiveness of nature conservation (Grodzińska-Jurczak & Cent 2011b;
face between nature conservation and infrastructure and because Irvin & Stansbury 2004). The success of public participation can
economic development has been additionally stimulated by EU be evaluated based on either the characteristics of a process (e.g.,
financial support since the accession (Grodzińska-Jurczak & Cent degree of participation achieved) or the quality of decisions and
2011a; Sikor 2003; Young et al. 2007). Europeanisation has con- their consequences (Reed 2008; Young et al. 2013). In both cases,
tributed to the development of participatory approaches in CEE the evaluation criteria are contextual and case-dependent, and
environmental policies (Börzel & Buzogány 2010a; Sasse et al. their assessment can vary among the actors who participate (or
2006). However, similar to the EU-15, institutional changes require refuse to participate) in the process (May 2006). What is explicitly
not only the proper transposition of the EU regulations but also described as success is dependent on who defines the evaluation
the broader institutionalisation of public participation (Tews 2009; criteria. The use of selected approaches allows us to reconstruct
Wagenet & Pfeffer 2007), which – according to recent studies – existing definitions of success and discuss them in their particular
is still lacking (Banas 2010; Rodela & Udovč 2008; Suškevičs and policy contexts.
Külvik, 2011; Svajda 2008; Szabo et al. 2008).
The role of N2000 in developing MLG of nature in Poland
A framework for analysing public participation in N2000
implementation In the case of Poland, the transposition of the EU Birds and
Habitats Directives into national law and the designation of
So far, several approaches have been proposed for studying N2000 sites became one of the most influential changes in nature
and evaluating public participation processes (Reed 2008). We conservation over the past two decades. In practice, the imple-
have based this study on two frameworks developed by Unnerstall mentation of N2000 caused much anxiety, often taking the form
(2006) and Arnstein (1969). The first one focuses specifically on of strong opposition from stakeholders, especially local author-
public participation in the establishment and management of ities (Grodzińska-Jurczak et al. 2012; Pietrzyk-Kaszyńska et al.
N2000 sites in select EU counties. The second one is a classical, 2012). Stakeholders feared that the introduction of new protected
broadly used tool for analysing the power relations between actors areas would lead to restrictions on the development of munic-
and the implicit purposes of using participation in policy processes ipalities by imposing extensive agricultural methods, limiting
(Evans 2012; Maier 2001; May 2006; van der Windt 2008). The the right to freely use their land, or limiting production and
Unnerstall framework identifies three modes of participation: 1) infrastructure development (Grodzińska-Jurczak & Cent 2011a).
the informal administrative approach, where the public admin- When introducing N2000, the public administration responsi-
istration in charge of the process discusses various options with ble for nature conservation was obliged to collect the opinions
stakeholders – in this case, stakeholders’ insight is somewhat con- of local authorities on the site boundaries (2004–2009); how-
sidered in selecting sites for N2000 and defining their borders; ever, no specific requirements for these consultations were stated
2) the formal administrative approach, where a draft of decisions, (Dz.U.2004.92.880; Dz.U.2008.201.1237).
for example, a preliminary map of sites, is presented to stakehol- This paper presents an analysis of N2000 implementation in
ders in order to collect comments; and, 3) the political approach, Małopolska, a southern region of Poland, with a special focus
where decisions considering N2000 sites are made collectively by a on a consultation program conducted in the final stage of the
committee of all relevant stakeholders. Arnstein’s ladder of partici- site selection process. It was the first N2000 public participa-
pation categorises activities that engage stakeholders based on the tion program that was systematically organised and completed
extent of participants’ influence. Three categories are proposed: across the country whose results are relevant for the on-going
1) “non-participation”, which includes activities that are only an development of management plans. While analysing the case of
J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102 95

Fig. 1. The area of study. The map shows three districts selected for analysis: (1) Powiat Miechowski; (2) Powiat Limanowski; and, (3) Powiat Nowotarski and the N2000
areas designated within them. The districts differ in number and total area of the N2000 sites, with Powiat Miechowski having the largest number of small sites and Powiat
Nowotarki having a small number of large sites. At the time of the study, there was escalated conflict between the local community of Powiat Nowotarski and RDEP regarding
N2000 site selection, considering the development of touristic infrastructure (such as ski lifts) and peat and timber production. The other districts were less prone to conflict.
Some conflicting issues were reported in Powiat Miechowski regarding flood prevention and gravel collection.

Małopolska program, we particularly focused on the modes and observations conducted during six consultation meetings in 2008.
degrees of participation, normative foundations, goals and partici- Interview respondents were selected from individuals who actively
pants’ expectations. The analysis provides answers to the following participated in the meetings in the districts.
research questions: Twenty-six interviews were conducted in 2008 and 2009 with
representatives from local authorities (two municipality heads,
• Which modes of participation have been developed for Natura nine council chairmen), local administration (11 municipal offices’
2000 designation in Małopolska? staff) who joined consultation meetings, experts designating the
• Which goals, expectations and normative foundations charac- N2000 sites (3), and the moderator of the meetings (1). Other
terised actors’ engagement in the public participation processes stakeholders, such as residents, landowners or NGOs, were not
used in Małopolska? interviewed because they were the minority participants and
• To what degree has participation been achieved in the Małopolska did not participate in all the meetings. Each interview lasted
consultation program? approximately 1–2 h. The interviews followed an interview guide
(Appendix 2) and were recorded, transcribed (350 pages total) and
The results are used to discuss the success of the participatory coded using software for qualitative data analysis. The categories
process, the benefits of using such an approach, and the importance from the analytical framework were used to code and organise the
of implementing EU directives for emerging MLG in the nature data. The results of this analysis were compared to information
conservation sector in CEE and Poland. derived from the desk study. In the results section, all subjective
opinions and information about the emotions of actors are the
respondents’ views on the consultation process. All the facts (e.g.,
Methods
explicit statements of the aims of the consultation meetings, infor-
mation on how the process was organised, who participated, and
The analysis presented is based on a desk study and qualitative
the order of events) are based on the desk study, which was used
research. The desk study included reviewing documents (reports
to describe the process in order to avoid unnecessary question-
from consultation meetings, legal acts, regulations, and govern-
ing of respondents about facts that are sufficiently described in the
mental and NGO web pages) and available references on incor-
available documents and/or literature. In cases when the available
porating public participation approaches while designating and
information was unclear or not reliable, respondents were asked
implementing the N2000 program in Poland (environmental NGOs
for clarification.
assessments, policy recommendations, and scientific literature in
Polish) published between 2004 and 2011 (Appendix 1). The empir-
ical study consisted of in-depth interviews and participant observa- Results
tion and was focused on a consultation program in the Małopolska
region. The interviews were conducted in three districts (Powiat) Modes of participation in N2000 designation and implementation
of Małopolska, Miechowski, Limanowski and Nowotarski, which var- processes in Małopolska
ied in terms of the number of sites and area included in N2000 and
the occurrence of relevant social conflicts (Fig. 1). These districts According to available documents, consultation on the N2000
were selected after preliminary expert interviews and participatory sites selected between 2004 and 2007 in Małopolska followed the
96 J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102

same scheme as in the rest of the country. Centrally organised (2009–2013) being developed for N2000 sites. According to the
selection of sites, conducted by experts on a purely scientific basis, respondents (experts and moderator), the program was presented
was accompanied by consultations in the form of written requests to the General Directorate of Environmental Protection in Poland;
addressed to local authorities and representatives of a few relevant however, no available documents refer to its role in developing
sectors. The provided documents included general maps of areas, consultation schemes for the management of N2000 sites. Occa-
which were often very inaccurate, e.g., the borders of a particu- sionally, management plans are prepared within EU projects (e.g.,
lar municipality or private parcels included in N2000 were hard LIFE+), which are very often conducted by environmental NGOs. In
to recognise according to respondents, and contained very limited the case of such projects, consultations are not required but so far
information about the principles of the N2000 program. Councils have always been planned and undertaken.
were asked to give an official opinion on the borders of N2000 sites
in their municipality within 30 working days. In many cases, local- Goals, participants’ expectations and normative foundations of
level respondents stated that it was the first time that they had ever the Małopolska consultation process
heard of N2000. The opinions on the proposed sites, as expressed
in analysed documents, were generally highly critical, indicating The explicit goal of the Małopolska meetings, as stated in reports
already existing and potential future conflicts with local develop- from the consultation program, was to inform and dispel doubts
ment and insufficient information about the program. According to about the implementation of N2000 and to consult the proposals
the documents and the experts interviewed, the initial list of sites of new sites with local communities in order to facilitate the imple-
prepared in 2004 significantly differed from the one submitted by mentation of the new conservation program. Accordingly, RDEP
the Polish Ministry of the Environment to the European Commis- employees and experts familiarised invitees with the general rules
sion, which included only about a half of the initially recommended of N2000 and the procedures for its designation. In the opinions
sites. Such significant differences resulted in protests by environ- of the participants, answering their questions and correcting false
mental NGOs followed by the publication of a so-called “Shadow beliefs were the greatest advantages of the meetings (“The consul-
List” of areas sent to the EU. However, there are no official docu- tations showed that things were not as we thought they were. That
ments that explicitly state the reasons for the changes or the impact, Natura is to protect (. . .) not all areas, but only specific vegetation,
if any, of local authorities’ opinions on the list of sites. No ministe- (. . .) Well, well!, I’m for that” [local authority, Powiat Miechowski]).
rial feedback was provided to the local authorities on whether any Although improvement of N2000’s public image among local
alterations were made. communities was not an explicit goal of the Małopolska program,
In 2008, the regional authorities in Małopolska – who were, it was expected by its initiators and organisers. The reception of
according to the experts interviewed, aware of the potential con- N2000 was improved among many respondents. Invitees were par-
flicts reported already by local authorities – initiated a pilot public ticularly satisfied with the fact that it was not as restrictive as
consultation program “N2000 – meetings in the regions” addressed they had initially assumed and that they were regarded as poten-
to the municipalities included in N2000. The program coincided tial partners in N2000 designation. For all of the respondents, it
with organisational changes in administration, which resulted in was a novelty that the representatives of local communities had
the delegation of responsibilities for the designation, consulta- an influence on the final shape of protected areas planned in their
tion and management of N2000 to the newly established Regional municipalities. “Local authorities were very pleased. It was probably
Directorates of Environmental Protection (RDEP). The program the first time that I attended a meeting on Natura, where people spoke
comprised 23 meetings (16 in 2008 and 7 in 2009), organised to the point: local government representatives brought their argu-
once or twice at each N2000 site (or group of sites in the case ments that this (. . .) area should not be included for a given reason,
of small neighbouring areas), depending on the number of prob- the scientists listened to them and wrote it down. In this respect, it
lematic issues. Local coordinators, who were selected during the went well” [local administration, Powiat Nowotarski]. Some of the
first meetings, represented municipalities’ interests and cooper- borders were corrected due to participants’ needs after shorter or
ated with experts on a regular basis. The program’s promising longer negotiations with experts. Respondents’ satisfaction with
output was presented to the central level administration. Although N2000 increased, even if actual changes to the sites were minor. It is
similar consultation meetings were conducted in other parts of promising that the consultation meetings altered invitees’ percep-
the country, in most regions, these consultations were not held as tions of the experts and administration responsible for the N2000
systematically as in Małopolska. program (“I can’t say anything against experts. On the contrary –
Unlike the centrally organised consultations in the early stages they tried to understand the situation, draw conclusions and propose
of N2000 designation, RDEP’s program (announced publicly and something that could possibly satisfy us” [local administration, Powiat
described in reports) consisted of face-to-face meetings with local Limanowski]).
authorities and stakeholders. The meetings were open so all who In summary, the consultation program was evaluated as being
were interested could join them. Available reports and partici- clearly positive by both the organisers and the invitees. That eval-
pant observations showed that most of the consultations were uation also applies to those who were not initially convinced that
attended by representatives of RDEP, experts designating the sites it was worthwhile. In the opinion of the majority, the main reasons
(mainly scientists and environmental NGOs), the moderator, repre- to continue such meetings were normative, such as the fairness of
sentatives of local authorities, administrators of sub-regional and engaging people in making decisions that affect them (“Now we
municipal levels, and a few local residents. In rare cases, the meet- see that more meetings like this are needed, because we [need to] do
ings attracted local and regional media or representatives of the things together – of course there will never be unanimity, but in democ-
private sector who were engaged in activities that were potentially racy the majority make decisions and it should be respected” [local
harmful to the local environment. Invitations to the consulta- authority, Powiat Limanowski]).
tion meetings that were distributed among local authorities did
not clearly specify the invitees, and according to the moderator, Degree of participation and power distribution in the Małopolska
the local administration often did not distribute that information consultation process
among all potential participants.
Based on the available data, it is difficult to evaluate whether and Based on the available reports and interviews, it is clear that the
how experiences from the Małopolska program were used to design way the meetings were organised, what information was provided
the consultation processes for management plans that are currently and the degree of participants’ influence on eventual outcomes
J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102 97

were all decided by the organisers and those who selected the implementation, the development of management plans. How-
sites. The least empowered group were citizens who did not attend ever, previous experiences from site selection in 2004–2007
the meetings. Local authorities and administrations at least had an and the limited possibility of influencing decisions made during
opportunity to express their opinions, while environmental NGOs the Małopolska program caused local-level representatives to be
influenced the process in a different way, acting mainly at the pessimistic about the outcomes of their participation in the devel-
national or/and international level. However, it should be stated opment of management plans.
that some opportunities were missed. First of all, local authorities
and administration failed to encourage citizens to attend the meet-
ings. Second, in most cases, RDEP did not succeed in establishing Discussion
local coordinators for further cooperation with experts. According
to the moderator, this was mainly due to a lack of interest and The role of N2000 in the development of multilevel governance
engagement from the participants’ side.
The limited distribution of power to the local level was the In Poland, participatory processes have recently been applied
result of the absence of decisive actors in the process. RDEP solely more frequently; however, their performance is still low in terms of
executes the national law and requirements, however, it does engaging key actors and sharing decision-making power with them
not participate in developing policy programs. It is responsible (Blicharska et al. 2011; Chmielewski & Krogulec 2008; Grodzińska-
for the selection of N2000 sites that would be accepted by the Jurczak 2008; Niedziałkowski et al. 2012). The observed issues have
European Commission, regardless of the way (participatory versus similarities and differences with other CEE and EU-15 cases of
non-participatory) they were chosen. Indeed, the expectations of N2000 implementation and the governance of nature in general.
some participants expressed in the interviews were far beyond Lack of experience and good practices in engaging stakeholders is
RDEP responsibilities. This fact was actually used as an excuse by a common issue in CEE countries (Lawrence 2008; Mishler & Rose
RDEP during a presentation of the N2000 rules to local actors [par- 2001), which results in the lower engagement of local communi-
ticipant observation], where the responsibility for establishing the ties and participation opportunities being missed by invitees, as
program and all its obligations were assigned to the EU. The con- was the case in the Małopolska consultations. However, existing
sultation process was presented as RDEP’s best possible attempt to traditions of participation in the EU-15 in environmental or other
meet the needs of local communities given the binding regulations sectors are not necessarily translated into effective participation in
and the limited capacity of regional administration. nature conservation but rather result in increased expectations and
Local stakeholders were given the opportunity to make com- critical evaluations of modest or unsuccessful attempts (Hiedanpää
ments and suggest modifications to the proposed sites boundaries, & Bromley 2011; Rauschmayer et al. 2009).
although the degree to which these were taken into account Problems with the implementation of the Habitats Directive are
depended on a particular expert’s decisions and his/her attitude. partially derived from its contradictory requirements for the delin-
The eventual inclusion of such arguments into the decision-making eation of sites on a scientific basis and to simultaneously consider
process was achieved in only a few cases (“We got in touch with those stakeholders and socio-economic aspects in cases of legitimacy
people, they came here and we reduced [the area of Natura site]. (. . .) crisis (Pinton 2008). Expert solutions may maximise environmen-
But one had to commit oneself to this issue” [local authority, Powiat tal outcomes, but they rarely maximise legitimacy (Evans 2012).
Limanowski]). The suggestions were not accepted very often, either The same story seems to play out all over Europe: the initial site
due to the timing of the meetings (organised too late) or because selection process, based on scientific knowledge, is contested by
of the prevailing ecological arguments in favour of the originally local stakeholders and is followed by participatory processes in
proposed boundaries. order to raise the legitimacy of the program. The N2000 program
In general, it seems that the whole program played a type of was perceived as top-down and imposed “by Brussels”, which was
“therapeutic” role, which was the aim intended by the modera- blamed by local and regional actors (Eben 2007; Leibenath 2008;
tor as described during an interview. Before attempting discussion Wurzel 2008). However, the EU-15 had the opportunity to with-
about the merits, the invitees vented their emotions and expressed draw some of the decisions it made in an authoritative manner,
dissatisfaction with N2000. In case of escalated conflicts, this part which eventually developed the network through various levels
of the agenda could last for the whole first meeting. It was only of deliberation (or other forms of participation) with stakehol-
after hearing the claims and grievances that the organisers moved ders (Bogaert & Leroy 2008; Cliquet et al. 2010; Pinton 2008). In
on to providing more detailed information on the proposed site the case of the CEE however, the top-down site selection deci-
boundaries. Almost half of the local stakeholders stated that, in sions were not undermined by legitimacy deficits. In Poland, the
their opinion, the consultation did not achieve more than this “ther- first list of sites was shortened by the State, possibly because of
apeutic” role in facilitating their participation in the designation of anticipated implementation problems. Effective actions by envi-
N2000 sites. Despite this constraint, the opportunity to be heard ronmental NGOs, building on the experience and advice of their
was a sufficient reason to participate in the process. Participants European partners, led to the eventual designation of an extended
were also aware of how difficult it might be for the experts to list within less than five years (Cent et al. 2013). Similar to the
address all the criticism and people’s claims, which were some- other CEE countries, NGOs in Poland became important actors in
times expressed in a tempestuous manner (“You could have heard environmental policymaking (Börzel & Buzogány 2010b).
[during the meetings] different words. Unpleasant words [laughter]. Another difference between Poland and the EU-15 relates to the
The atmosphere there, I can tell you, it was stormy” [local authority, composition of protesting groups. While examples from the EU-15
Powiat Nowotarski]. “[The experts] used to be afraid a little bit, afraid indicate the important roles of landowners and users (e.g., farm-
of stormy discussion, but I have always reminded our stakeholders to ers, foresters) (Alphandéry & Fortier 2001; Hiedanpää 2002), in
avoid quarrels and insults” [local authority, Powiat Limanowski]). In Poland, the most visible opponents at the local level are munici-
fact, except for the professional moderator, organisers had little or pality authorities. Underrepresentation of local actors, other than
no experience in public participation, nor were they aware of the public authorities, is also characteristic for other CEE countries
possible intensity of conflicts at the local level. (Kluvánková-Oravská et al. 2009). The recognition of stakeholders
In general, the program showed that a dialogue between var- did not lead to the sufficient engagement of local actors in all EU-
ious parties is possible. Virtually all respondents expressed their 15 cases. While France seems to be a relatively successful case,
interest in actively participating in the next stage of the N2000 participatory programs organised in Belgium or Germany did not
98 J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102

meet the expectations of stakeholders and the public (Bogaert & organisers and participants, the process can be characterised as a
Leroy 2008; Leibenath 2008; Rauschmayer et al. 2009). Unsuccess- consultation level on Arnstein’s ladder, with neither group fully
ful consultation programs led to the escalation of local conflicts achieving their goals. Further improvement of participation is
or to participation fatigue. However, in the Małopolska program, important not only for fulfilling the goals of the particular pro-
despite numerous drawbacks, all parties (organisers and partic- gram but also for transforming communities (Fischer et al. 2012;
ipants) expressed high levels of interest in joining any activities Lawrence 2006), strengthening the links between various stake-
related to the management of the sites. holders groups and protecting nature. The overall process of public
A similar aspect for all EU countries is a focus on the lack participation in the designation of N2000 sites in Poland can also be
of procedural legitimacy, described in various studies on N2000 summarised as a mixture of strictly top-down and emerging delib-
implementation (Engelen et al. 2008; Paavola 2004), with little erative decision-making (O’Riordan & Stoll-Kleemann 2002; van
attention given to the environmental outcomes of the participatory der Windt 2008), indicating an on-going transition to potentially
processes (Beunen 2006; Young et al. 2013), which is also the case more participatory management of the sites in the future phases.
for the Małopolska program. Stakeholders were more disturbed by The combined use of the proposed frameworks to analyse partic-
the lack of participation opportunities than with the actual out- ipatory processes was found useful in our study. Arnstein’s (1969)
comes of the process. Even tiny changes in the borders considerably ladder of participation was applicable in the analysed case, mainly
improved the perception of N2000. because it focused on two polarised types of stakeholders: organ-
isers and invitees, particularly local authorities. The inability to
Levels of participation in the Małopolska public consultation describe relationships between multiple groups of interests is a
program recognised limitation of the concept (Maier 2001). Describing the
degrees of participation was helpful in revealing the asymmetries of
The Małopolska program was mostly a bilateral process involv- power between the two groups of actors, while the identification
ing, on one side, the public administration and their contractors of participants’ expectations and agendas helped in understand-
(e.g., experts selecting the N2000 sites) with representatives of local ing their views on the process. These are universal aspects of the
communities on the other side (mainly local authorities and their dynamics of participation, and the results from this part of the anal-
employees). Environmental NGO representatives had the oppor- ysis confirm the challenges of applying participatory approaches
tunity to influence the process by other means, even before the world-wide (Reed 2008; Wagenet & Pfeffer 2007). Unnerstall’s
face-to-face consultation meetings started (Cent et al. 2013). Inter- (2008) typology allows understanding the institutionalisation of
estingly, non-environmental NGOs that would represent other participation in managing N2000 in Poland and comparing it with
interests of local societies hardly ever participated in the process. existing alternatives in the implementation of the EU Habitats
The meetings were a planner-centred process (Reed 2008) in the Directive in the CEE context, with positive outlooks for the future
sense of primarily seeking to fulfil the goals of the organisers, not in this case.
the participants, and facilitate future management of the sites. The approach taken in our study has some limitations. Rely-
Its normative foundations however, reconstructed from partici- ing on qualitative data and a desk study is a suitable approach
pants’ statements in our study, indicated people-centred normative for the chosen analytical frameworks, however, it cannot deliver
motives for organising the meetings, even if the actual empower- quantitative evidence. In this case, assessing a success would also
ment of actors on the local level was neither achieved nor even require the use of ecological indicators to evaluate the impact of the
expected. consultations (e.g., by comparing sites designated with or without
Taking into consideration the growing trust for public admin- consultation processes) on the actual performance of any conserva-
istration in the Małopolska program, Unnerstall’s (2008) informal tion measures (e.g., species and habitat conservation statuses). The
administrative approach mode seems to be well suited for the con- analysis only considers the role of the selected stakeholders in the
ditions in Małopolska. It is similar to N2000 implementation in development of MLG in N2000 management in Poland, i.e., those
Greece in this respect (Apostolopoulou et al. 2012), exhibiting sim- who actually participated in the studied consultation program on
ilar deficits and opportunities for further improvements. Finding a regular basis, namely, local administration, local authorities and
a balance between the stability and flexibility of legal solutions experts. Environmental NGOs, the general public and private land
to ensure meaningful public participation still remains an issue owners are among the stakeholders not included in our study but
(Ebbesson 2010), and this mode of approach does not exclude either who are especially relevant for institutional changes in the gover-
factor. The formal administrative approach, which was applied nance of N2000. In the case of Poland, their roles were discussed
in the early years of N2000 site selection, failed to deliver any in previous works (Cent et al. 2013; Grodzińska-Jurczak and Cent
positive results in terms of either informing or convincing local 2011a; Niedziałkowski et al. 2013). Their absence from the studied
communities of the legitimacy of the N2000 program in Poland consultation program was recognised by respondents and indi-
(Grodzińska-Jurczak et al. 2012). Similar to the EU-15 cases, the cated in the results section.
initial failure of the top-down process initiated interest in stake-
holders’ participation. However, unlike in many EU-15 cases, the
top-down decisions remained valid, which negatively influenced Conclusions
trust and relationships between organisers and participants in the
Małopolska program. This constraint, along with the limited or non- It has already been acknowledged that the implementation pro-
existent experience of the organisers and their limited power to cesses of EU policies in CEE differ from the previous experiences
make the decisions requested by participants, hindered the devel- with the EU-15 (Tews 2009), which is confirmed by our study.
opment of the political approach, which might be identified with Unlike many EU-15 countries, where the implementation of N2000
higher levels of Arnstein’s (1969) ladder of participation. is still perceived as “old-style ruling-down conservation that has
The distribution of power between the actors was highly asym- largely been removed” (Hiedanpää & Bromley 2011), in Poland,
metric, and the Malopolska consultations barely reached tokenism the whole process has resulted in the incorporation of participa-
(Arnstein 1969). The organisers’ intentions were limited to inform- tory approaches in environmental decision making. We believe that
ing and convincing participants about the program. However, the although such a tactic still has limitations and rather “informative
actual exchange of opinions in some cases led to participants influ- provisions” (Lawrence 2008), wise policymakers will use the ana-
encing the final shape of sites. From the perspectives of both lysed case as a basis for the further development of a meaningful
J. Cent et al. / Journal for Nature Conservation 22 (2014) 93–102 99

participatory approach in the entire country and the broader region Reports and other documents received from Institute of Nature
(CEE). Additionally, the different implementation conditions in CEE Protection, Polish Academy of Sciences, and Regional Directorate
should be recognised by EU policymakers. of Environmental Protection
Our study argues for the importance of public participation in
biodiversity governance in general and presents benefits that were Report from Małopolska consultation program 2008
achieved regardless of the limited success of the analysed consul- Report from Małopolska consultation program 2009
tation program. The rather low expectations of all parties involved 150 official opinions of public authorities considering borders
as well as the modest goals of the process resulted in an increase of Natura 2000 sites in alpine region (including majority of
in trust and improved communication and overall satisfaction with Małopolska), submitted to the Ministry of Environment (out of
the Małopolska program, even if the decisions made did not satisfy 640 opinions submitted from the whole Poland)
all parties and did not fit the normative foundations of the pro-
gram. If not for the few cases in which participants’ opinions were
used to change the borders of sites, according to Arnstein’s cate-
gories, the Małopolska process would fall close to an “empty ritual
of participation”, but this would not be a unique issue consider- Information materials, other documents and literature in Polish
ing the experiences of other CEE and EU-15 countries. If the level
of participation is to be increased in future phases of developing Antoniewicz, P. (2006) Partnerstwo człowieka i przyrody.
management plans, site administrators need to be more effective ˛
Dolnoślaska Fundacja Ekorozwoju. URL: http://www.iee.org.pl/
in engaging local actors and offering them more opportunities to rozwoj/docs/PARTNERSTWO CZLOWIEKA I PRZ.pdf [accessed 2
influence actual decisions. September 2008].
Bernacka, A., Jermaczek, A., Kierus, M. & Ruszlewicz, A. (2004)
Uspołecznione planowanie ochrony przyrody na obszarach sieci
NATURA 2000. Świebodzin: Klub Przyrodników. URL: http://www.
kp.org.pl/content/view/470/577/lang,polish/ [accessed 2 June
Acknowledgements
2012]
Bołtromiuk, A. & Kłodziński, M., Eds. (2011) Natura 2000 jako czyn-
This research was funded by the Polish Ministry of Science and
nik zrównoważonego rozwoju obszarów wiejskich regionu Zielonych
Higher Education project no. N30509432/3185, National Science
Płuc Polski. Warszawa: IWiRW PAN.
Centre project no. NN116542240, Jagiellonian University grant no.
Bołtromiuk, A. & Zagórski, M. (2011) Natura 2000 – 47 dobro
WRBW/DS/INoŚ/760 and by the SCALES project funded by the
publiczne problem prywatny. Raport z badań. Europejski Fun-
European Commission FP 7 grant no. 226 852 (Henle et al. 2010;
dusz Rozwoju Wsi Polskiej http://www.efrwp.pl/theme/site/
www.scales-project.net).
userfiles/files/Raport Natura2000.pdf [accessed 2 June 2012]
Cent, J., Grodzińska-Jurczak, M. & Nowak, N. (2010) Ocena efek-
tów małopolskiego programu konsultacji społecznych wokół
obszarów Natura 2000. Chrońmy Przyrod˛e Ojczysta˛ 66(4): 251–260.
Appendix 1. List of desk study 10 documents and sources [English title: Public consultations program on Natura 2000 sites
in Malopolska – effects’ evaluation]
Legal acts Chmielewski, T.J., Gromadzki, M., Jankowski, W. & Kistowski, M.
(2006) Rola sieci obszarów Natura 2000 w kształtowaniu nowego
Dz.U.2004.92.880 Ustawa z dnia 16 kwietnia 2004 r. o ochronie paradygmatu ochrony przyrody w Polsce. In: Chmielewski, T. ed.
przyrody. [Act on nature protection] ˛
Zarzadzanie zasobami przyrody na obszarach Natura 2000 w Polsce.
Dz.U.2008.201.1237 Ustawa z dnia 3 października 2008 r. o zmi- Lublin: Wydawnictwo Akademii Rolniczej.
anie ustawy o ochronie przyrody oraz niektórych innych ustaw. ˛
Chmielewski, T.J., Ed. (2006) Zarzadzanie zasobami przyrody na
[Act on a change of act of nature protection and some other acts] obszarach Natura 2000 w Polsce. Lublin: Wydawnictwo Akademii
Dz.U.2000.109.1157 Ustawa z dnia 9 listopada 2000 r. o dostepie˛ Rolniczej w Lublinie. de Piérola, S.C.F., Carbonell, X., Garcia,
do informacji o środowisku i jego ochronie oraz o ocenach odd- J.G.L., Hernández, F.H. & Zamanillo, M.S. (2009) Natura 2000 i
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społeczeństwo. Instrumenty komunikacji społecznej w zarzadzaniu
environment and its protection and on environmental impact siecia˛ Natura 2000. Warszawa: EDIT.
assessments] Grodzińska-Jurczak, M. & Tarabuła-Fiertak M., eds. (2010) Jak
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(projekt). Generalna Dyrekcja obszarach Natura 2000? Kraków: Wydawnictwo Uniwersytetu
Ochrony Środowiska (luty 2010) URL: http://www.kp.org.pl/pdf/ Jagiellońskiego.
poradniki/wytyczne pzo projekt z 20100205 ver wg siwz rdos Grzegorczyk, M. (2007) Integralna ochrona przyrody. Kraków:
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˛
Dz.U. 2010 nr 34 poz. 186 Rozporzadzenie Ministra Środowiska Świebodzin: Wydawnictwo Klubu Przyrodników. URL: http://
˛
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˛
Dz.U. 2010 nr 64 poz. 401 Rozporzadzenie Ministra Środowiska Natura 2000 na rozwój gmin wiejskich – impuls czy hamulec”,
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˛
Kot, J. & Kucharczyk, M. 2006. Pilotażowe programy zarzadzania http://bialowieza.mos.gov.pl/ [information on Białowieża Natioal
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tion of the Natura 2000 network in Poland. Chrońmy Przyrod˛e Appendix 2. Interview guide
Ojczysta˛ 65: 11–28. [in Polish]
Małopolski Urzad˛ Wojewódzki 2008. Bez emocji o Naturze 2000 – Introduction
informacja prasowa [WWW document]. URL: http://www.muw.pl/
PressArticlePage.aspx?id=5033 [Accessed: 20 April 2010]. Prior to the interview its’ general rules (request for elaborated
Managing Natura 2000. The provisions of Article 6 of the ‘Habi- and honest opinions, confidentiality agreements, permission to
tats’ Directive 92/43/CEE. Office for Official Publications of the record the interview) and introduction to the study topics were
European Communities. © European Communities, 2000 briefly presented to each respondent.
˛
Matczak P. & Koziarek M. (2011) Współpraca miedzysektorowa Interviews were conducted in Poland in two following years
przy tworzeniu polityk publicznych 101 dotyczacych ˛ spraw of 2008 and 2009 and considered the Natura 2000 (N2000) pro-
społecznych i ochrony środowiska. Instytut Spraw Pub- gram, particularly: opinions on Małopolska consultations; role of
licznych. URL: 102 http://wszechnica.org.pl/model wspolpracy/ various actors in consultation process in Małopolska; and, respon-
publikacje i dokumenty/ISP%20wsp%C3%B3%C5%82p103raca dents’ opinions on N2000’s role for a general nature conservation
%20polityki%20raport%20ko%C5%84cowy%20final.pdf [accessed in Poland. On average, interviews lasted between 60 and 120 min.
20 June 2012] The interview guide consisted of more general topics and specific
Ministerstwo Rozwoju Regionalnego: Inwestycje infrastruktu- questions that were to be asked in each interview, however the way
˛
ralne. Komunikacja społeczna i rozwiazywanie konfliktów. how these were actually formulated and the order of the questions
Nagy, T., Bowman, M., Dusik, J., Jendrośka, J., Stec, S., Zwiep van varied between the interviews, depending on the flow of conver-
der, K. & Zlinsky, J. (1994) Manual on Public Participation in Envi- sation.
ronmental Decisionmaking: Current Practice and Future Possibilities
in Central and Eastern Europe. Budapest: Regional Environmental The list of topics and questions
Center for Central and Eastern 109 Europe [WWW document]. URL:
http://archive.rec.org/REC/Publications/PPManual/Default.html 1. Respondent’s general opinion on N2000
[accessed 20 April 2011] • Advantages and disadvantages of the N2000 program
Perzanowska, J. & Grzegorczyk M. (2009) Obszary Natura 2000 w • Advantages and disadvantages of its’ implementation in
Małopolsce. Kraków: Instytut Ochrony Przyrody PAN. Poland
Wertz J. 2007 Recent changes in nature conservation system in • Sources of knowledge about N2000
Poland. Chrońmy Przyrod˛e Ojczysta˛ 65(1): 5–10 [in Polish]. 2. Consultation program
WWF Polska (2007) Jakość konsultacji społecznych w Polsce. Kra- Attendance
jowa praktyka a uwarunkowania prawne. URL: http://awsassets. • How many meetings did you participate?
wwfpl.panda.org/downloads/jakosc konsultacji.pdf [accessed 20 • Why did you participate in consultation meetings?
June 2012] • What were your expectation towards the meeting(s)?
WWF Polska (2008) Decyzje dotyczace ˛ środowiska – Warunki Course of the meeting
dobrych konsultacji społecznych. URL: http://awsassets. • What was the atmosphere of the meeting like?
wwfpl.panda.org/downloads/dobre konsultacje spoleczne.pdf • Were, in your opinion, the meetings useful? If so, how and for
[accessed 20 June 2012] whom? Was the meeting particularly useful for you?
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